Reality Winner's plea agreement has a number of disturbing and bothersome clauses. The text of the Plea agreement is found on the website standwithreality.org There are numerous rights, waivers, and prohibitions that really are "biting" in the totality of the document /1
One thing she was required to waive was the right to "Collaterally attack" her conviction and sentence. The legal definition of collateral attack is found at the following link: definitions.uslegal.com/c/collateral-a… /2
The actual text reads: "Defendant entirely waives her right to collaterally attack her conviction and
sentence on any ground and by any method, including but not limited to a 28 U.S.C. § 2255 motion. The only exception is..." /3
sentence on any ground and by any method, including but not limited to a 28 U.S.C. § 2255 motion. The only exception is..." /3
"... that Defendant may collaterally attack her
conviction and sentence based on a claim of ineffective assistance of counsel." While, I am not an attorney we do live in the era of google: alanellis.com/habeas-corpus-… /4
conviction and sentence based on a claim of ineffective assistance of counsel." While, I am not an attorney we do live in the era of google: alanellis.com/habeas-corpus-… /4
From the above linked website of attorney Alan Ellis: "The motion to vacate, set aside or correct a sentence provided by 28 U.S.C. § 2255 is a modern descendant of the common law petition for a writ of habeas corpus." en.wikipedia.org/wiki/Habeas_co… /5
... The U.S. Constitution specifically includes the habeas procedure in the Suspension Clause (Clause 2), located in Article One, Section 9... states that: /6
"The privilege of the writ of Habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it". So it is found in the Constitution folks. Do you know what other provision Reality Winner's plea agreement had in it? /7
Defendant entirely waives her right to a direct appeal of her conviction and sentence on any ground (including any argument that the statute to which the defendant is pleading guilty is unconstitutional or that the admitted conduct does not fall within the scope of the statute)/8
While the waiver does specifically only mention the plea to the "alleged violation of statue" as unconstitutional, the denial of Habeas Corpus writ also is in violation of the Constitution. Do you know who else had their Habeas Corpus violated? Guantanamo Bay detainees./9
Most cases, googled will turn up Guantanamo Bay detainee cases for Habeas Corpus. The Supreme Court actually ruled the 2006 Military Commission act as unconstitutional and Obama later replaced it with the 2009 Military Commission act. (Yes, that Obama)/10
The ACLU has mentioned on their website a couple of acts that are aimed to restore Habeas Corpus.
HR 2826
S 185
aclu.org/other/backgrou… /11
HR 2826
S 185
aclu.org/other/backgrou… /11
Yesterday, and today they stripped Guantanamo Bay detainees of their rights, and today they come for American Citizens who served in the Armed Forces of all places and among all things. Are you still not concerned about how "What happened to Reality Winner" might effect YOU?/12
From the recommendation for the court on the standwithreality.org website: "Most important, the United States must balance the need for prosecution with the damage that further disclosure of classified information at trial might cause. .../13
...As it has advised the Court and the defense through classified filings, the government assessed that proving the government’s case at trial would require the government to declassify TOP SECRET//SCI
information, including the Intelligence Report that the defendant disclosed.14
information, including the Intelligence Report that the defendant disclosed.14
In other words, the Government opted out of a trial for fear of "declassifying" or revealing secrets. Do you know what else is in the Constitution? The Sixth Amendment: law.cornell.edu/constitution/s… So the Government forced her into a plea deal so it didn't have to reveal.../15
The full extent of the Russian Hacking of the election, and it could keep things "Secret" Do you know who else should have a right to keep secrets? All of US, but yet in today's technological age, and digital footprint, the "system" is leaving a trace of who we are. /16
Let's not be silent anymore. #Wespeak4Reality #FreeRealityWinner #Grateful4Reality For more information, or a more detailed read of her court documents, and articles please visit standwithreality.org where you can also volunteer, sign the petition for clemency and more./17
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